Terms of Use

1 Purpose

Dyamante CRM is a customer service and relationship management platform, provided as software as a service (SaaS), which allows you to centralize conversations from messaging channels, organize opportunities on boards, automate service routines and integrate with other systems.

These Terms govern the relationship between Dyamante and the user or contracting company, hereinafter referred to as the Customer, regarding access to and use of the platform, the mobile apps and the other associated services.

Use of the platform is conditional on full acceptance of these conditions. If you do not agree with any provision, the Customer must not use the services.

2 Registration and account access

To use the platform you must create an account, providing true, complete and up-to-date information. The Customer is responsible for the accuracy of the information provided and must keep it current throughout the term of the contract.

Access is individual per user. Credentials are personal and non-transferable, and it falls to the Customer and each user to keep passwords confidential and to immediately report any unauthorized use they identify.

The Customer is responsible for all activity carried out through their account and the accounts of the users they register, including the permissions granted to each team.

• True registration data, kept up to date
• Personal and non-transferable access credentials
• Customer responsibility for the actions of their users
• Immediate notification in case of unauthorized use

3 Plans, payment and onboarding fee

The platform is sold through plans with different sets of features and limits, whose current prices and conditions are shown on the pricing page and in the commercial proposal sent to the Customer.

In addition to the subscribed plan's monthly fee, an onboarding fee may apply, covering initial configuration, channel connection and support during the first period of use. Billing conditions are communicated before subscription.

Payment must be made on the agreed dates and through the agreed means. Late payment may lead to suspension of access to the platform until the situation is resolved, without prejudice to the charges provided for in the contract.

Prices may be adjusted in the manner and at the intervals set out in the contract or the commercial proposal, with prior notice to the Customer.

4 User obligations

The Customer undertakes to use the platform lawfully, in accordance with applicable legislation, with these Terms and with the policies of the messaging channels connected to their account.

It is prohibited to use the services to send unsolicited bulk messages, or fraudulent, discriminatory or unlawful content, or content that infringes third-party rights, as well as for any practice that compromises the integrity, security or availability of the platform.

• Obtain proper consent from contacts before starting communications
• Do not use the platform for spam or abusive communications
• Do not attempt to access third-party areas, data or accounts without authorization
• Do not reverse engineer, copy or redistribute the software
• Be accountable for the content of the messages and data entered into the account

5 Use of the WhatsApp API and Meta's policies

Messaging channels are connected through the official APIs provided by Meta or by approved partners. Use of those channels is subject to the policies, terms and quality rules defined by Meta itself, which may be changed at any time at its discretion.

The Customer is responsible for complying with those policies, including the rules applicable to message templates, service windows, obtaining consent and number quality. Blocks, sending limits, quality downgrades or bans applied by Meta stem from its own criteria and are outside Dyamante's control.

Dyamante is not liable for outages, functionality changes, policy changes or penalties imposed by the channel providers, and undertakes to notify the Customer and support them, as far as possible, in adapting.

6 Intellectual property

The platform, its source code, its interface, its trademarks, its logos, its documentation and all other elements comprising it belong to Dyamante or its licensors, protected by intellectual property legislation.

Subscription grants the Customer a limited, non-exclusive, non-transferable and revocable licence to use it, restricted to the term of the contract and the purposes set out in these Terms. No provision transfers to the Customer any ownership right over the platform.

The data entered by the Customer into the platform remains their property, and is processed in accordance with the Privacy Policy and applicable data protection legislation.

7 Limitation of liability

Dyamante makes every effort to keep the platform available and working properly, in line with the agreed service level. However, the services are provided as-is, with no guarantee of absolutely uninterrupted or fault-free operation.

Dyamante is not liable for damages arising from improper use of the platform, from content entered or sent by the Customer, from the Customer's own connection failures, from outages caused by third parties, including messaging channel providers and infrastructure services, nor for integrations developed or configured by the Customer themselves.

In any event, Dyamante's liability is limited to the amount actually paid by the Customer in the twelve months preceding the event giving rise to the claim, save where the law provides otherwise.

8 Term and termination

The contract runs for the term set out in the commercial proposal or, where no term is set, for an indefinite period, for as long as the services continue to be used and the monthly fees paid.

Either party may terminate the contract with prior notice, subject to the conditions and deadlines set out in the commercial proposal. Termination does not remove the obligation to pay amounts due up to the closing date.

Dyamante may suspend or terminate access in the event of a breach of these Terms, unlawful use of the platform or unresolved non-payment, with notice to the Customer.

Once the contract ends, the Customer may request the export of their data within the period stated by Dyamante, after which the information may be deleted, subject to legal retention obligations.

9 Changes to these Terms

These Terms may be updated to reflect changes to the platform, to applicable legislation or to the policies of the messaging channel providers. The current version will always be available on this page, with its update date.

Material changes will be communicated to the Customer through their registered contact channels. Continuing to use the platform after such notice implies agreement with the new version.

10 Jurisdiction and applicable law

These Terms are governed by Brazilian law.

The courts of the district where Dyamante has its head office are chosen to settle any disputes arising from this document, waiving any other, however privileged, save for the cases of jurisdiction legally established in the consumer's favour.

Questions about these Terms can be sent to [email protected].